By visiting or using the Industrytrader web site (the "Web Site"), or any co-branded and/or linking site, the user ("User") agrees to be bound by these Terms of Use and that such agreement constitutes a binding contact between User and Industrytrader, Inc ("Industrytrader"). If User does not wish to be bound by these Terms of Use, the User should not visit or use the Web Site.
Industrytrader reserves the right to change these Rules and Regulations from time to time at its sole discretion. In the case of any violation of the Rules and Regulations, Industrytrader.com reserves the right to seek all remedies available by law and in equity for such violations. These Rules and Regulations apply to all visits to the Web Site, both now and in the future.
No Endorsements; User Waiver of Claims
User acknowledges that Industrytrader sells no industrial equipment or industrial equipment services ("Product") owned by Industrytrader. Certain industrial equipment brokers, leasers, or other industrial equipment service providers (collectively, the "Vendors") may post information on this web site or contact you at your request, but User understands that Industrytrader is not affiliated with any such Vendors and in no way endorses or recommends any particular Vendor. User is in no way obligated, required or encouraged to utilize any of the Vendors posting information on this Web Site. If User decides to utilize a Vendor, any transaction, offer to buy or sell or related communication conducted on this site is solely between User and Vendor. The exclusive remedy arising from communications on or through this Web Site is between User and relevant Vendor. User agrees that, in return for permission to use the Web Site, he or she waives any and all claims against Industrytrader that are connected to use of this Web Site.
General Disclaimer
Although Industrytrader has made reasonable efforts to place accurate information on this Web Site, Industrytrader assumes no responsibility for the accuracy of the information. Industrytrader PROVIDES THIS WEB SITE CONTENT "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW. Industrytrader FURTHER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Industrytrader DOES NOT WARRANT UNINTERRUPTED OR ERROR FREE FUNCTIONS CONTAINED IN THIS SITE OR ITS CONTENT OR THAT THE WEB SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
Industrytrader SHALL NOT BE LIABLE FOR DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THIS SITE, WHETHER OR NOT Industrytrader HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THIS INCLUDES DAMAGES FOR NEGLIGENCE OR GROSS NEGLIGENCE. THIS PROVISION IS SUBJECT TO POSSIBLE LIMITATION UNDER STATE LAW.
Indemnification
User agrees to indemnify and hold harmless Industrytrader , at User's sole expense, against any claim, action, legal proceeding, damages, liability, settlements, expenses (including attorneys' fees) and other costs relating to (i) breach of any of these terms by any party; (ii) User's negligence or misconduct, or (iii) claims that User has infringed the copyright, trademark, trade secret, patent, or other proprietary right of a third party.
Copyright/Restrictions on Use of Material
All designs, graphics, text, arrangements, and software that make up this Web Site are Copyright (c) Industrytrader . All rights reserved.
Industrytrader grants User permission to copy and/or print portions of this Web Site for personal use. All other uses, including, for example, modifying, distributing, or republishing, are strictly prohibited without Industrytrader 's prior written permission.
Subscriber Use Restrictions, Commercial Use, Copying, Re-use, Resale Prohibitions
The subscription to Industrytrader services is intended for individual or private use only. The commercial resale, electronic extraction or reformatting of information available on the Industrytrader website or on any other co-branded website, by any subscriber in any capacity, is strictly prohibited and a material condition to the use of the Industrytrader site. Data mining, screen scraping, downloading or any other activity designed to obtain, re-use, reformat, re-sell the proprietary or other foreclosure information contained within the Industrytrader or co-branded websites in a commercial manner is strictly prohibited. Industrytrader reserves the right to immediately terminate any account which is being used in such activity. The reposting, manipulation, display or other web-based presentation of data obtained through the Industrytrader website (or co-branded website) on the Internet or through e-mail is strictly prohibited and may constitute copyright, trademark or service mark infringement. In the event that any subscriber is determined to be engaged in any activities prohibited in this section, Industrytrader may seek injunction in any court located in Clark County, Nevada or the United States District Court for The Southern District of Nevada and the subscriber through the use of this site consents to the jurisdiction of said courts and shall and agrees to be liable for all attorneys fees incurred as the result of any enforcement of any injunction for legal action related to any wrongful action referenced herein.
Trademarks, Service Marks, Logos, Corporate Identifications Protected
All trademarks, service marks, logos, or other corporate identifications (collectively, "Marks") on this Web Site are trademarks or service marks of Industrytrader or another entity. Use agrees not to use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Marks in any way. The use of these Marks on or as a link to any other Web Site is strictly prohibited without prior written approval by Industrytrader .
User's Code of Behavior
User agrees not to post on the Web Site any content which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing, or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, including protections of copyright, trademark, patent, trade secrets or any right of privacy or publicity, or (d) otherwise violates any applicable law. User will not post on this Web Site any links to any external Internet sites that are obscene or pornographic. Any information that you provide to Industrytrader must be true, complete and accurate, must not represent you as someone else or falsely identify, and must not violate any law, statute, ordinance or regulation.
If you use this site, you are responsible for maintaining the confidentiality of your account and access code and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or access code. Industrytrader.com does not sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Industrytrader.com only with involvement of a parent or guardian. Industrytrader.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel accounts in their sole discretion.
User understands that the fee to access the data on Industrytrader will billed immediately upon submission of the payment information. User may continue to access Industrytrader as long as Users account is current.
Cancellations
Refunds will not be issued to a user based upon their personal views or opinions of Industrytrader. This includes the quality of content, etc. Any exceptions to this is the sole discretion of Industrytrader .
Links to/from Third Party Sites
This Web Site contains links to third party sites. User accesses these sites at User's own risk; Industrytrader is not responsible for the contents, changes, updates, or other links contained in a linked site. Industrytrader provides these links merely as a convenience, and the inclusion of such links does not imply an endorsement by Industrytrader of the site.
Any third party desiring to link to the Web Site must link to the Web Site's home page located at www.Industrytrader.com. No one may link to any other page of this Web Site without the prior written consent of Industrytrader .
No Partnership or Agency
User understands and acknowledges that no joint venture, partnership, employment, or agency relationship exists or is created between User and Industrytrader as a result of use of the Web Site.
Governing Law
The contents of this Web Site and any claims related to it are governed by the laws of the State of Nevada, without reference to its conflict of laws rules. User consents to the exclusive jurisdiction of the state and Federal courts located in Clark County, Nevada, and User waives to the fullest extent allowed by law the defense of an inconvenient forum to the maintenance of any action or proceeding.
Privacy
Unless specifically noted when the information is obtained, Industrytrader does not make available to third parties information that personally identifies its Web Site users. With the exception of: If User linked to this page (or request form) from another web site, information entered here may be disclosed to the owners of such web site. Other information or ideas that Users transmit to or post on this Web Site by any means will be treated as non-proprietary, and may be disseminated or used by Industrytrader, its affiliates or the Vendors for any purpose whatsoever. For more information, please see the Industrytrader Privacy Policy.
Entire Agreement
By using Industrytrader' service. I agree not to distribute the information contained in Industrytrader to any person or organization, by any means, printed, electronic or other.
The above Rules and Regulations constitute the entire and only agreement between User and Industrytrader on the matters described. User understands that User may be subject to further restrictions while using Vendors' web sites.
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